EU law: No one can stop Frontex

For the first time, the EU border agency commands and arms its own police force. Because its director is „fully independent“, this reinforces a glaring control deficit.

Frontex is an agency which was established by the Council of the European Union in 2004 with Regulation 2007/2004 without a parliamentary decision. It was only subsequently given parliamentary legitimacy within the framework of the Treaty of Lisbon by means of several amendments to the Regulation (first with the amending Regulation 1186/2011 on the basis of Article 77 (2) of the Treaty on the Functioning of the European Union).

Frontex’s governing body is the Executive Director, Fabrice Leggeri, and his now three deputies. Leggeri is, according to the current Regulation 2019/1896, „completely independent in the performance of his or her duties“ from the other EU institutions as well as from the member states. He may „neither seek nor take instructions from any government or from any other body“. This also applies to the agency as such, which „should be independent as regards operational and technical matters and have legal, administrative and financial autonomy“. „EU law: No one can stop Frontex“ weiterlesen

Privileged third country: EU security cooperation with Great Britain after Brexit

British authorities continue to participate in many EU instruments in the area of justice and home affairs, and cooperation in some cases even goes further than with the Schengen states Norway, Iceland or Switzerland. The exit from Europol and the Schengen Information System could strengthen the secret services.

With its withdrawal from the European Union, the UK will have left the „European Area of Freedom, Security and Justice“ as of 1 January 2021, and the country will become a third country from the EU’s perspective. This will also end cooperation within the framework of the Schengen Agreement. The government in London will lose its place as one of the most important partners in the EU security architecture. The loss of participation in the Schengen Information System (SIS II) will probably weigh heavily in the UK. In 2019, British police forces and intelligence services had around 37,000 persons and 4.5 million objects stored there. Many covert Article 36 alerts, which allow police and domestic intelligence to track the movements of wanted persons across the EU, also originated in the UK.

However, British authorities are to be allowed to continue to participate in important EU information systems in the area of Justice and Home Affairs (JHA) and also to cooperate with agencies. These are the provisions of the provisional „EU-UK Trade and Cooperation Agreement“ (TCA), which the parties negotiated at the last minute before the turn of the year. „Privileged third country: EU security cooperation with Great Britain after Brexit“ weiterlesen